This agreement (hereinafter the "Terms") contains the terms for the use of services provided by One Eyeland to its Registered Members.
A. One Eyeland is an online community of professional and amateur photographers and seeks to provide a global platform for creative sharing and interaction amongst its users;
B. Among other things, One Eyeland offers its Registered Members the use of its services (only for private, non-commercial purposes) including but not limited to viewing its gallery in enlarged image sizes, uploading images and expressing comments on images in the gallery.
Now, these Terms constitute the entire terms and conditions governing the use of the Service by the Registered Member and shall constitute a legally binding contract between the Registered Member and One Eyeland. By clicking on the icon "REGISTER", the Registered Member agrees that he has carefully read and understood the terms and conditions set forth in these Terms and undertakes to be bound by the same.
1.1 Artist Materials: "Artist Materials" shall include photographs, images, video clips, etc. submitted by the Registered Member for display on his user page.
1.2 Content: "Content" includes information, images, graphics, audio or video clips, data or other materials made available on the Site.
1.3 Registered Member: "Registered Member" means a user of the age of 18 years or above, with full contractual capacity, who registers for the Service in accordance with the procedure prescribed on the Site, and includes a Premium Member.
1.4 Service: "Service" means the products & services provided by One Eyeland through its website, www.OneEyeland.com (the "Service").
1.5 Site: "Site" means the website, www.OneEyeland.com, through which the Service is being offered.
1.6 User: "User" means and includes natural persons who access and use the Site and Service and includes visitors, registered members and premium members.
1.7 "Your Content" means the text or Artist Materials posted, submitted or otherwise transmitted through the Service by the Registered Member under Clause 4.
This Service is provided by One Eyeland on an "AS IS" and "AS AVAILABLE" basis and One Eyeland reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that One Eyeland is not and will not be liable to you for any:
2.1 Modification, suspension or discontinuance of the Service or any part thereof; or
2.2 Limits on your access to certain features and/or services including complete removal of access to the said features and/or services;
2.3 Refusal to fulfill any order or any part thereof;
2.4 Termination of your membership and/or deletion of any Content stored on the One Eyeland Site
for any reason whatsoever, including but nor limited to, your failure to comply with the Terms or applicable law.
4. Your Content
4.1 Submitting Content - You may submit Your Content to the following sections of the Site in the manner as provided below:
4.1.1 Forums and Interviews - As a registered member of the Service, you will be granted the privilege of participating in forums and interviews on the One Eyeland website as part of the Service, which means you may post Your Content in the form of text for display in these areas of the One Eyeland website, subject to your compliance with the Terms.
4.1.2 Artist Materials - As a registered member of the Service, you will also be granted the privilege of submitting certain types of Your Content, known as "Artist Materials," for display on your user page.
4.1.3 Your submissions in clauses 4.1.1 and 4.1.2 will have to be in conformity with the submission policy as stated in 4.2 hereinbelow.
4.2 Submission Policy:
Responsibility for Your Content
4.2.1 You are solely and entirely responsible for the content of any submission you make to the Service.
4.2.2 Though Oneyeland verifies that all the contents posted/submitted in the website are encrypted/ secured, You acknowledge that One Eyeland has:
i. no ability to control Your Content or prevent Your Content from being copied or displayed by third parties using readily available tools on their computers; and
ii. no obligation to monitor Your Content.
Grant of Licence
4.2.3 The Copyright of the Content posted/ submitted by you shall vest with you. One Eyeland does not claim ownership rights of Your Content.
4.2.4 However You agree to grant to One Eyeland a perpetual, irrevocable, worldwide, non-exclusive, royalty-free licence to display, reproduce, store, publicly display and perform Your Content, for the limited purpose of:
18.104.22.168 Enabling One Eyeland to make your Content available through the Service; and
22.214.171.124 Displaying and/or Promoting the Service or the Site (whether by online or offline means),
4.2.5 One Eyeland reserves the right to erase, change or amend submissions that it, in its sole discretion, deems offensive, libelous, vulgar, in violation of copyright or trademark laws, or otherwise unacceptable.
4.2.6 You concede that any submissions you make to the Service may be erased, deleted, published, diffused and or displayed by One Eyeland.
4.2.7 You agree that One Eyeland may alter or represent the contents to the extent of reducing the size/ resolution of images, text space, etc. so as the said content(s) may fit the required space allotted in the website. For this purpose, to the fullest extent allowable under any applicable law, you waive any moral rights you may have in having the material so altered or represented. If under any applicable law, the above waiver of moral rights is not effective, you agree to exercise such rights reasonably and in a way that will not have a material adverse effect upon any other individual or upon One Eyeland's exploitation of Your Content.
Warranty as to non-infringement
4.2.8 You acknowledge that you have the legal right to copy, distribute and display all parts of Your Content. You expressly warrant that Your Content does not and will not infringe the intellectual property rights of One Eyeland or any third party.
4.3 Storage Policy
4.3.1 At this time, One Eyeland provides free online storage of Your Content to registered members of the Service.
4.3.2 However, you acknowledge and agree that One Eyeland may, at its option, establish limits concerning your use of the Service, including without limitation the maximum number of days that Your Content will be retained by the Service, the maximum size of any Content files that may be stored on the Service, the maximum disk space that will be allotted to you for the storage of Content on One Eyeland's servers.
4.3.3 Furthermore, you acknowledge that One Eyeland reserves the right to terminate or suspend accounts that are inactive, in One Eyeland's sole discretion, for an extended period of time (thus deleting or suspending access to your Content).
4.3.4 Without limiting the generality of Clause 6, One Eyeland shall have no responsibility or liability for the deletion or failure to store any Content maintained on the Service and you are solely responsible for creating back-ups of Your Content. You further acknowledge that One Eyeland reserves the right to modify its storage policies from time to time, with or without notice to you.
5. Access and use of the Service
All brand, product and service names used in this Service which identify One Eyeland or third parties and their products and services are proprietary marks of One Eyeland and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of One Eyeland or any third party with respect to any such image, logo or name.
5.2.1 One Eyeland or the person accredited as the provider of the Content, as the case may be, is the owner of all copyright and data rights in the Service and its contents other than Your Content.
5.2.2 You shall not reproduce, copy, distribute, publicly display or perform, diffuse, transmit or take part in the transfer or sale of, or create new pieces from, hand out, or utlise or prepare derivative works based on, any of such Content, in whole or in part, without the express, written consent of One Eyeland or the copyright owner concerned work.
5.2.3 You agree to abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Service.
5.3.1 You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to One Eyeland that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.
5.3.2 For all or any of the contents, other than the content submitted/ posted by you, unless you have been specifically permitted to do so in a separate written agreement with One Eyeland, you agree that you will not reproduce, duplicate, copy, sell or trade the Service or its Content for any purpose.
5.3.3 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to One Eyeland for all activities that occur in or through your account. You should immediately notify One Eyeland of any unauthorized use of your password.
5.3.4 You agree and warrant that you will not use the Service for any unlawful purposes, including:
126.96.36.199 To upload, post, or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable.
188.8.131.52 To upload, post, or otherwise transmit any material that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist's right of any third party including, but not limited to, One Eyeland.
184.108.40.206 To harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct.
220.127.116.11 To forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.
18.104.22.168 To upload, post, or transmit any material which is likely to cause harm to One Eyeland or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service.
22.214.171.124 For any commercial purpose.
5.3.5 You are solely and entirely responsible for the content of any submission you make to the Service. One Eyeland shall neither be responsible nor be liable for any of such submissions made by you.
5.4.1 You agree to defend, indemnify, and hold harmless One Eyeland, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms including in particular, any violation of the aforesaid representations and warranties.
5.4.2 One Eyeland however, reserves the right to assume exclusive control over the defence of any such matter/claim subject to full indemnification by you as described hereinabove.
5.5 Reporting Copyright Violations
One Eyeland respects the intellectual property rights of others and expects users of the Service to do the same. At One Eyeland's discretion and in appropriate circumstances, One Eyeland may remove Your Content submitted to the Site, terminate your account or prevent your access to the Site, if it has reason to believe that you may have infringed the intellectual property rights of One Eyeland or others. If you believe the copyright in your work has been violated through this Service, please contact Mr. Sharad Haksar, One Eyeland's agent for notice of claims of copyright infringement, who can be reached at sharad@OneEyeland.com. You must provide our agent with the following information, which One Eyeland may then forward to the alleged infringer:
* A physical or electronic signature of the owner of an exclusive right that is allegedly infringed or his authorised representative.
* Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
* Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
* Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
* A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner.
* A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
5.6 External Links
One Eyeland may provide links to third-party websites or resources. You acknowledge and agree that One Eyeland is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by One Eyeland of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
5.7 Third Party Software
For convenience, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an "AS IS" basis without warranty of any kind. In no event shall One Eyeland be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.
6. Disclaimer of Warranty and Limitation of Liability
* one eyeland makes no representations or warranties of any kind, express or implied as to the operation of the service, or the content or products, provided through the service. you expressly agree that your use of the service is at your sole risk.
* one eyeland disclaims all warranties, express or implied, including without limitation, implied warranties as may be applicable, of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.
* one eyeland makes no warranty as to the security, reliability, timeliness, and performance of this service.
* You specifically acknowledge that one eyeland is not liable for your defamatory, offensive or illegal conduct, or such conduct by third parties. You expressly assume all risks and responsibility for damages and losses arising from such conduct. You further agree to indemnify one eyeland for all damages and losses resulting from such conduct.
* except for the express, limited remedies provided herein, and to the fullest extent allowed by law, one eyeland shall not be liable for any damages of any kind arising from use of the service, including but not limited to direct, indirect, incidental, consequential, special, exemplary, or punitive damages, even if one eyeland has been advised of the possibility of such damages.
* the foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
* in no event shall one eyeland's aggregate liability to you exceed the amounts paid by you, if any, to one Eyeland pursuant to this agreement.
7. Amendment of the Terms
We reserve the right to amend these Terms from time to time at our sole discretion. Any such amendments are deemed to be notified when we post the revised terms, along with the effective date thereof, on the Site or send an email to the address provided by you in your account information. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those amendments. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.
8.1 These Terms will continue to apply unless your registration is terminated either by you or One Eyeland as set out below.
8.2 If you want to terminate your legal agreement with One Eyeland, you may do so by (a) notifying One Eyeland at any time, in writing, at the address set out in the beginning of these Terms and (b) closing your account for the Service which you use, where One Eyeland has made this option available to you.
8.3 One Eyeland may terminate your account or your use of this Service for any reason whatsoever, including but not limited to the following i.e:
8.3.1 If you are in breach of these Terms (or where you have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
8.3.2 If One Eyeland is required to do so by law;
8.3.3 The provision of the Services to you by One Eyeland is, in One Eyeland's opinion, no longer viable.
While One Eyeland is under no obligation to give you notice of termination of the Service or your account, One Eyeland will endeavour, wherever possible, to give you such notice before or after effecting such termination.
8.4 Upon termination, One Eyeland will remove all the contents submitted/ posted by you in the website within a reasonable period of time and will invalidate your account with One Eyeland.
8.5 When these Terms come to an end, all of the obligations and liabilities that you have, been subject to (or which have accrued over the time whilst the Terms were in force) shall be unaffected by this cessation and shall continue to be in force.
9.1 One Eyeland's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.
9.2 A finding as to the invalidity of one or more provisions contained in these Terms shall not affect the validity of the remainder of the Terms, which shall continue to be enforceable.
9.3 One Eyeland shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not however assign your rights or delegate your obligations under these Terms without the prior written consent of One Eyeland.
9.4 These Terms shall be governed by and construed in accordance with the laws of India and the Courts in the city of CHENNAI, INDIA shall alone have jurisdiction in respect of matters connected with these Terms.
9.5 You agree to use your best efforts to amicably resolve any dispute with One Eyeland arising out of, or in relation to, these Terms. In case of failure to resolve any dispute within 30 days from the date of notification thereof by either party, such unresolved dispute shall be settled through arbitration under the Arbitration and Conciliation Act, 1996 at Chennai by a sole arbitrator to be appointed by One Eyeland.
If you have any comments or questions about the Service please contact us by email at info@OneEyeland.com.